Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 361A/10
Determination date 29 October 2010
Member Y S Oldfield
Representation K Nicolson ; J Douglas
Location Auckland
Parties Arora v Sato (NZ) Ltd
Summary COSTS – Authority determined costs in relation to both interim and substantive matter – Applicant interim application was declined – Applicant successful in substantive matter, however, remedies reduced significantly for contributory conduct – Applicant sought $33,610 contribution to costs – Respondent emphasised successfully defended interim application and applicant not wholly successful in substantive matter – Authority noted respondent's offer did not match remedies awarded - Respondent sought $6,000 contribution to costs – Authority found costs normally follow the event, however, both parties had measure of success – Found critical circumstances in case included way case conducted and its relative complexity – Found investigation unnecessarily protracted by way applicant’s case conducted – Found complexity of case not significantly different from other grievance cases brought by senior managers – Found properly conducted investigation should have been completed in three days at most – Found costs to lie where they fall
Result Costs to lie where they fall
Main Category Costs
Number of Pages 6
PDF File Link: aa 361a_10.pdf [pdf 13 KB]